Citation : 2022 Latest Caselaw 4966 AP
Judgement Date : 3 August, 2022
HON'BLE SRI JUSTICE K.SURESH REDDY
W.P.No.14135 of 2022
ORDER:-
This writ petition is filed seeking the following relief:-
"Writ order or direction more particularly one in the
nature of Writ of Mandamus declaring the action of the
respondents 1 and 2 in not releasing the subsidy amount
towards the supply of Agriculture implements under Government Schemes of Sub Mission on Agricultural Mechanisation SMAM Rashtriya Krishi Vikas Yojana and RKVY for the year 201819 though submitted representations dated 01/09/2020 21/12/2020 and 10/06/2022 as illegal arbitrary and violation of principles of natural justice and consequently direct the respondents to release subsidy amount of Rs.82,83,687/- and eighty seven only along with interest towards supply of Agriculture implements."
2. The contention of the petitioner is that the petitioner is a
Managing Partner of M/s.Sai Varun Industries and its activities is
supply of agriculture implements in kadapa Distric. Further, the
contention of the petitioner is that the Government have to
release the subsidy amount of Rs.82,83,687/- for the years
2018-2019 towards supply of agriculture implements under
various Government Schemes. Further, it is the contention of the
learned counsel for the petitioner that even though the
respondents admitted that the petitioner is entitled for payment
of the aforesaid sums of money, no payment is being made and
such non-payment of money is clearly arbitrary and high-handed
and thereby requires interference by this court.
3. This court, in various orders, including the judgment of a
learned single Judge of this court, dated 05-10-2021 in
W.P.No.10038 of 2021 and batch had taken the view that such
non-payment of dues is arbitrary and that such dues need to be
cleared by the respondents at the earliest.
4. The learned Government Pleader submits that the
respondents-authorities are verifying the claims of the petitioner
and would be in a position to make payments only after such
verification is being completed.
5. In view of the aforesaid directions of this court in various
cases and after hearing both sides, this writ petition is disposed
of with a direction to the respondents to complete the
verification process within a period of three(3) weeks from the
date of receipt of a copy of this order and thereafter to pay the
amounts due to the petitioner depending upon the outcome of
the verification within a period of six(6) weeks. It would also be
open to the petitioner to agitate his/her/their claim for interest,
if any payable by the respondents in an appropriate forum.
No order as to costs. Miscellaneous Petitions, if any,
pending in this writ petition shall stand closed.
_______________ K.SURESH REDDY,J 03-08-2022.
TSNR
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